Terms & Conditions:
o THIS DOCUMENT IS AN ELECTRONIC RECORD IN
TERMS OF THE INFORMATION TECHNOLOGY, ACT, 2000 AND RULES MADE THEREUNDER. THIS
ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY
PHYSICAL OR DIGITAL SIGNATURES. THESE TERMS & CONDITIONS WERE UPDATED ON 15
February 2016 (hereinafter referred to as the “Agreement”/ “Terms of Use”)
o 1. INTRODUCTION ON THE SCOPE OF THE
AGREEMENT
o TERMS AND CONDITIONS CONSTITUTE LEGAL
CONTRACT. The terms stated herein including any additional guidelines and/or
future modifications to this Agreement read together with the Privacy Policy,
available at www.quickrechargepro.in shall constitute a legal contract between
any person utilizing QUICK RECHARGE PRO THE SERVICE PROVIDER (“User”) of the
one part, and QUICK RECHARGE PRO THE SERVICE PROVIDER (“QUICK RECHARGE PRO THE SERVICE PROVIDER
”/“Company”) having its registered office at GHOLA,SODEPUR,KOLKATA-700110,WEST
BENGAL of the other part (collectively referred to as “Parties” and singularly
referred to as “Party”).
o ACCEPTANCE OF T&Cs. By using, browsing,
accessing, registering or accessing www.quickrechargepro.in or any mobile
application developed by QUICK RECHARGE PRO THE SERVICE PROVIDER (“Site”), or
availing any service rendered by QUICK RECHARGE PRO THE SERVICE PROVIDER, a
User fully, absolutely and unequivocally agrees to comply with and abide by the
Agreement.
o ELIGIBILITY. QUICK RECHARGE PRO THE SERVICE
PROVIDER services are open only to persons of 18 years of age and above who
have a valid e-mail address and mobile phone number. Users who have been
previously suspended or removed from availing any service by QUICK RECHARGE PRO
THE SERVICE PROVIDER shall not be eligible to avail services from QUICK
RECHARGE PRO THE SERVICE PROVIDER. Users shall not impersonate any person or
entity, or falsely state or otherwise misrepresent identity, age or affiliation
with any person or entity. If you are below 18 years of age, please exit the
Site.
o APPLICABILITY. The terms of this Agreement
shall be applicable to Users, Business Partners, Alliance Partners and
Applicable Controlled Entities, as set forth in this Agreement. This Agreement
shall be deemed to be incorporated in the Applicable Agreement. Any reference
to the “Agreement” shall include a reference to the Applicable Agreement and
any reference to “Applicable Agreement” shall include a reference to this
Agreement.
o INCONSISTENCY. Notwithstanding anything
contained herein, Applicable Agreement shall prevail over this Agreement in
case of any inconsistency.
o 2. DEFINITIONS AND INTERPRETATION
In this Agreement, unless the
contrary intention appears and/or the context otherwise requires, capitalized
terms defined by: (i) inclusion in quotation and/or parenthesis have the
meanings so ascribed; and (ii) the following terms shall have the meanings
assigned to them herein below:
“Alliance Partners” are
individuals/sole-proprietorships/companies/LLP’s etc who have entered into a
service agreement with QUICK RECHARGE PRO THE SERVICE PROVIDER for offering
QUICK RECHARGE PRO THE SERVICE PROVIDER’ products and services through
web/mobile/API or through any channel whose particulars are listed in Clause 1
of the service agreement with Alliance Partners.
“Applicable Agreement” refers to
service agreement in relation to Business Partners and Alliance Partners.
“Applicable Controlled Entity”
collectively refers to (i) Sub-Partners appointed by Business Partners, and the
Alliance Partners.
“Applicable Law” includes all
applicable Indian statutes, enactments, acts of the state legislature or
parliament, laws, ordinances, rules, bye-laws, regulations, notifications,
guidelines, directions, directives and orders of any governmental authority,
statutory authority, board, recognized stock exchange, as may be applicable
including but not limited to Guidelines on Managing Risks and Code of Conduct
in Outsourcing of Financial Services by Banks, Business Correspondent
Guidelines issued by RBI from time to time, Payment & Settlement Systems
Act, 2007 and rules made thereunder, Policy Guidelines on Issuance and
operation of Pre-paid Payment Instruments in India.
“Business Partners” are firms who
have entered into a service agreement with QUICK RECHARGE PRO THE SERVICE
PROVIDER whose particulars are listed in Clause 1 of the service agreement.
“Confidential Information” means
and includes the Intellectual Property and any and all business, technical and
financial information of QUICK RECHARGE PRO THE SERVICE PROVIDER or of any of its affiliates that is related
to any of the arrangements contemplated in this Agreement or any other
agreement in which this Agreement is incorporated by reference or otherwise
disclosed by QUICK RECHARGE PRO THE SERVICE PROVIDER to the User any information which relates to
its financial and/or business operations, including but not limited to,
specifications, models, merchant lists/information samples, reports, forecasts,
current or historical data, computer programs or documentation and all other
technical, financial or business data, information related to its internal
management, customers, products, services, anticipated products/services,
processes, financial condition, employees, merchants, Intellectual Property,
marketing strategies, experimental work, trade secrets, business plans,
business proposals, customer contract terms and conditions,
compensation/commission/ service charges payable to the User, and other
valuable confidential information and materials that are customarily treated as
confidential or proprietary, whether or not specifically identified as
confidential or proprietary.
“Customers” shall mean persons,
including all body corporate, partnerships, limited liability partnerships, who
are availing services, either as a consumer or otherwise, rendered by a service
provider through the User using QUICK RECHARGE PRO THE SERVICE PROVIDER
products or services.
“Credit” shall mean the payment
made by the Business Partner/Alliance Partner to the Company to carry out
transactions through the QUICK RECHARGE PRO THE SERVICE PROVIDER platform.
“Effective Date” shall mean the
date of activation of the account of the User on QUICK RECHARGE PRO THE SERVICE
PROVIDER portal.
“QUICK RECHARGE PRO THE SERVICE
PROVIDER Platform” shall mean and include, the platforms (website, mobile app,
others) of QUICK RECHARGE PRO THE SERVICE PROVIDER that the User accesses for
registration and further for transacting, including all contents, services, and
technology offered through the Platform.
“Intellectual Property” shall
mean all intellectual property used for the purpose of or in association with
or in relation to the performance of this Agreement and Applicable Agreement,
and includes without limitation, (a) Software, operating manuals, software
code, program, instructions, specifications, processes, input methods, data or
information used in relation to, or in association with, or for the operation
of the software installed by QUICK RECHARGE PRO THE SERVICE PROVIDER, (b) the
trademarks, service marks, trade names, business names, logos, symbols, styles,
colour combinations used by QUICK RECHARGE PRO THE SERVICE PROVIDER during the
course of its business and all depictions, derivations and representations
thereof, (c) all promotional material including without limitation,
advertisements, literature, graphics, images, content and the ‘look and feel’
of all of the above, (d) all information, data or material in whatever form,
whether tangible or not, provided by QUICK RECHARGE PRO THE SERVICE PROVIDER to
the User during the course of Applicable Agreement; and (e) all techniques,
formulae, patterns, compilations, processes, inventions, practices,
methodology, techniques, improvement, utility model, procedures, designs,
skills, technical information, notes, experimental results, service techniques,
samples, specifications of the products or services, labeling specifications,
rights on software, and any other knowledge or know-how of any nature
whatsoever.
“Merchants” shall mean
individuals and/or entities registered on QUICK RECHARGE PRO THE SERVICE PROVIDER
platform and/or appointed by QUICK RECHARGE PRO THE SERVICE PROVIDER and/or for
discharging functions prescribed under these terms & conditions and/or
includes Business Partners, Alliance Partners, etc.
“Products” shall mean products
developed by QUICK RECHARGE PRO THE SERVICE PROVIDER including products
permitting electronic top-ups, utility bill payments, travel bookings, delivery
of various financial products, other value-added services using various devices
like ATMs, POS, Mobile Apps, Internet and any other products available on QUICK
RECHARGE PRO THE SERVICE PROVIDER platform from time to time.
“Service Provider” shall mean any
entity with which QUICK RECHARGE PRO THE SERVICE PROVIDER has, directly or
indirectly, executed an agreement for facilitating Transactions between such
entity and its Customers.
“Software” shall include
custom-built software that is owned by QUICK RECHARGE PRO THE SERVICE PROVIDER,
or software that has been licensed from third party suppliers by QUICK RECHARGE
PRO THE SERVICE PROVIDER and in relation to which QUICK RECHARGE PRO THE
SERVICE PROVIDER has obtained the right to sub-license from such third party
suppliers.
“Sub-Partners” shall mean
individuals and/or entities appointed by the merchants on whose premises/outlets/website
the Products shall be sold to the Customers, for and on behalf of the Service
Providers, to facilitate completion of Transactions initiated by such
Customers, through the merchants.
“Transactions” shall mean and
include transactions taking place between a Service Provider and its Customers
including, but not limited to, electronic top-ups for various services, utility
bill payments, delivery of financial products and other services of a like
nature provided by the Service Provider through QUICK RECHARGE PRO THE SERVICE
PROVIDER Products.
“Users” shall include
individuals, Business Partner, and Alliance Partner, unless the context
provides otherwise or if the context in which the term “User” has been used is
inapplicable to such individual, Business Partner or Alliance Partner.
3. GENERAL TERMS AND CONDITIONS
INFORMATION SUPPLIED TO QUICK
RECHARGE PRO THE SERVICE PROVIDER. Users agree that the information provided by
the Users to QUICK RECHARGE PRO THE SERVICE PROVIDER on registration and at all
other times, including payment, is true, accurate, current, and complete.
SECURITY OF ACCOUNT. Users’
mobile number and email identify a Users’ account with QUICK RECHARGE PRO THE
SERVICE PROVIDER through which QUICK RECHARGE PRO THE SERVICE PROVIDER services
are dispensed (“Account’). QUICK RECHARGE PRO THE SERVICE PROVIDER encourages
Users to choose a strong password to protect their Account. It is advised that
users do not share their password with anyone or write it down. QUICK RECHARGE
PRO THE SERVICE PROVIDER never, under any circumstances, asks for an Account’s
password. If a User has any reason to believe that his Account is no longer
secure, then the User shall immediately notify QUICK RECHARGE PRO THE SERVICE
PROVIDER and indemnify QUICK RECHARGE PRO THE SERVICE PROVIDER from any
liabilities that may arise from the misuse of such a User’s Account.
PRIVACY POLICY. All information
collected from a User pursuant to the provision of QUICK RECHARGE PRO THE
SERVICE PROVIDER services, and information collected by Alliance Partner,
Business Partners, Sub-Partners and Merchants during the performance of this
Agreement or Applicable Agreement, is subject to QUICK RECHARGE PRO THE SERVICE
PROVIDER Privacy Policy.
RECLAIMING INACTIVE ACCOUNTS. If
an Account is found to be overly inactive, the Account may be reclaimed by
QUICK RECHARGE PRO THE SERVICE PROVIDER without providing notice to the
concerned User. An Account is considered as inactive if the concerned User is
not signing in and/or has not done any transactions for more than 6 consecutive
months from the Account.
THIRD PARTY SITES, PRODUCTS AND
SERVICES. QUICK RECHARGE PRO THE SERVICE PROVIDER services and/or the Site may
include links or references to other web sites or services solely for the
Users’ convenience (“Reference Sites”). QUICK RECHARGE PRO THE SERVICE PROVIDER
does not endorse any such Reference Sites or the information, materials,
products, or services contained on or accessible through Reference Sites.
Correspondence or business dealings between Users and concerned Reference Sites
are solely between such User and the concerned Reference Site. Access and use
of Reference Sites, including the information, materials, products, and
services on or available through Reference Sites is solely at concerned User’s
own risk.
BILLING AND PAYMENT. All payments
made by Users directly to QUICK RECHARGE PRO THE SERVICE PROVIDER, shall be
made in the manner and in the quantum detailed on the User’s Account at QUICK
RECHARGE PRO THE SERVICE PROVIDER Platform. Users may be notified by QUICK
RECHARGE PRO THE SERVICE PROVIDER regarding any change in the quantum of
payments to be made to QUICK RECHARGE PRO THE SERVICE PROVIDER and the manner
of disbursement of such payments; however Users are advised to regularly update
themselves of QUICK RECHARGE PRO THE SERVICE PROVIDER billing and payment
policy by regularly visiting the Site. QUICK RECHARGE PRO THE SERVICE PROVIDER
shall solely decide on the payments to be provided to User and may amend the
payment structure at any time without any prior notice to the User. However,
after any such amendment, the detailed payment structure will be made available
to the User and be effective immediately. Credit maintained by the Users with
QUICK RECHARGE PRO THE SERVICE PROVIDER shall be non-interest bearing and shall
be forfeited by QUICK RECHARGE PRO THE SERVICE PROVIDER if found lying unused
for more than 365 days. The User shall keep enough Credit with QUICK RECHARGE
PRO THE SERVICE PROVIDER to avoid decline of transactions on the QUICK RECHARGE
PRO THE SERVICE PROVIDER Platform.
SALES. All sales of QUICK
RECHARGE PRO THE SERVICE PROVIDER services are final with no refund or exchange
permitted. Users are responsible for details provided leading to purchase of
services. If QUICK RECHARGE PRO THE SERVICE PROVIDER does not deliver service
within 24 hours of money being charged to a User’s payment account through a
transaction on the Site, the User may inform QUICK RECHARGE PRO THE SERVICE
PROVIDER by sending an e-mail to QUICK RECHARGE PRO THE SERVICE PROVIDER
customer services e-mail address mentioned on the Contact Us page. . QUICK
RECHARGE PRO THE SERVICE PROVIDER shall investigate the case and if it is found
that money was indeed charged to User’s Payment Account without delivery of the
service then User may be refunded the money within 15 working days from the
receipt of his e-mail.
LIMITATION OF LIABILITY. In no
event will QUICK RECHARGE PRO THE SERVICE PROVIDER or its directors, agents,
officers, or employees be liable to a User for any special, indirect,
incidental, consequential, punitive, or exemplary damages (including without
limitation lost business opportunities, lost revenues, or loss of anticipated
profits or any other pecuniary or non-pecuniary loss or damage of any nature
whatsoever) of any kind arising out of or relating to (i) this Agreement or any
other agreement entered by a User with QUICK RECHARGE PRO THE SERVICE PROVIDER,
(ii) QUICK RECHARGE PRO THE SERVICE PROVIDER services, the Site or any
Reference site, or (iii) User’s use or inability to use QUICK RECHARGE PRO THE
SERVICE PROVIDER services, the Site or any Reference Sites, even if QUICK
RECHARGE PRO THE SERVICE PROVIDER or a QUICK RECHARGE PRO THE SERVICE PROVIDER
authorized representative has advised of the possibility of such damages, (iv)
unauthorized access to or alterations of transmissions or data, any material or
data sent or received or not sent or received, (v) any transactions entered
into by any third person or conduct of any other third party or any
infringement of another’s rights, (vi) the use of counterfeit or stolen cards,
or stolen devices, or (vii) fraudulent electronic transactions. It shall be at
the sole discretion of QUICK RECHARGE PRO THE SERVICE PROVIDER to reverse any
transaction subject to approval of the concerned Service Provider.
Notwithstanding the above, if any court of law finds that QUICK RECHARGE PRO
THE SERVICE PROVIDER or its directors, officers, or employees, are liable to
indemnify a concerned User despite the existence of this Clause 3.8, such
liability shall not exceed the amount paid by the concerned User, if any, for
using the portion of the QUICK RECHARGE PRO THE SERVICE PROVIDER services or
the Site giving rise to the cause of action. Users acknowledge and agree that
QUICK RECHARGE PRO THE SERVICE PROVIDER has offered its products and services,
set its prices, and entered into this Agreement and Applicable Agreement in
reliance upon the warranty, disclaimers, and the limitations of liability set
forth herein. Users acknowledge that the warranty, disclaimers, and limitations
of liability set forth herein reflect a reasonable and fair allocation of risk
between Users and QUICK RECHARGE PRO THE SERVICE PROVIDER, and that the
warranty, disclaimers, and limitations of liability set forth herein form an
essential basis of the bargain between Users and QUICK RECHARGE PRO THE SERVICE
PROVIDER. QUICK RECHARGE PRO THE SERVICE PROVIDER would not be able to provide
the services to Users on an economically reasonable basis without these
limitation.
USER’S REPRESENTATIONS AND
WARRANTIES. The User represents and warrants that:
it has had a full and adequate
opportunity to read and review the Applicable Agreement and has had sufficient
time to evaluate and investigate the provision of services under the Applicable
Agreement and the financial requirements and risk associated with the same,
it has the requisite capital to
set up and maintain the infrastructure as required under the Applicable
Agreement,
neither the execution of the
Applicable Agreement nor the performance of the User’s obligations under the
Applicable Agreement will result in a violation or breach of any other
agreement by which the User is bound,
neither the User nor any of the
User’s employees or agents is under any pre-existing obligation in conflict or
in any way inconsistent with the provisions of the Agreement or Applicable
Agreement,
it has the right to disclose or
use all ideas, and other information, if any, which the User has gained from
third parties, and which the User discloses to QUICK RECHARGE PRO THE SERVICE
PROVIDER in the course of performance of the Agreement or Applicable Agreement,
without liability to such third parties,
QUICK RECHARGE PRO THE SERVICE
PROVIDER has a right to inspect User’s business premises that are related to
the provision of services under the Agreement or Applicable Agreement, and to
monitor continued and ongoing compliance of the Applicable Agreement,
it shall immediately intimate
QUICK RECHARGE PRO THE SERVICE PROVIDER of any violation or potential violation
of this Agreement by any Applicable Controlled Entity, or of other
circumstances that may cause damage to the goodwill and reputation of QUICK
RECHARGE PRO THE SERVICE PROVIDER,
it shall maintain accurate and
proper accounts of all transactions between Applicable Controlled Entity and
itself in relation to discharge of duties by the Applicable Controlled Entity
under the Applicable Agreement,
it shall provide periodic reports
of business operations with respect to the services rendered under the
Applicable Agreement to the sales executive assigned by QUICK RECHARGE PRO THE
SERVICE PROVIDER to the User,
it shall observe proper ethics
and transparency in all its actions in the course of discharge of duties under
the Applicable Agreement and shall not, in any circumstances, take any action
or make any statement that may mislead any Applicable Controlled
Entity/customer or prospective Applicable Controlled Entity /customer of QUICK
RECHARGE PRO THE SERVICE PROVIDER
it shall make all efforts to
settle any disputes that may arise between Applicable Controlled Entity, or
between the Applicable Controlled Entity and the consumers amicably and in the
event, any such dispute is referred to a consumer forum or other competent
authority, shall provide all assistance in the settlement of the dispute,
it shall bear all costs and
expenses for traveling, promotional activities and other similar out-of-pocket
expenses incurred in the performance of its duties under the Applicable
Agreement,
it will not allow the sale of any
products and/or provision of any services which are specifically restricted by
QUICK RECHARGE PRO THE SERVICE PROVIDER,
it is a one-point contact for all
its Applicable Controlled Entities and shall be solely responsible for any
fraudulent acts of the Applicable Controlled Entities,
it has complete control over its
Applicable Controlled Entities and that QUICK RECHARGE PRO THE SERVICE PROVIDER
will not be responsible to entertain any complaints/queries received from any
Applicable Controlled Entities appointed by the User,
it shall comply with all its
obligations pursuant to the Applicable Agreement and ensure that all payments
due from it to QUICK RECHARGE PRO THE SERVICE PROVIDER are paid in a timely
manner in accordance with the Applicable Agreement,
it shall be responsible to obtain
any and all consents and approvals that are required from regulatory or
governmental authorities, including any consent from Customers required to
transfer data to the User and/or the QUICK RECHARGE PRO THE SERVICE PROVIDER
Platform, as the case may be, in accordance with Applicable Law,
it shall ensure regular and
timely payment and deposit of all taxes, duties and other levies as applicable
from time to time with the relevant authorities,
All costs associated with
purchasing of software licenses and hardware (if any) are to be absolutely and
unconditionally borne by the User,
it shall be solely responsible
for and hereby undertakes to strictly comply with Privacy Policy, and
Applicable Law having jurisdiction in any manner whatsoever in connection with
discharge of its duties under the Applicable Agreement, including but not
limited to data protection, security, piracy, and directions issued by the
Reserve Bank of India relating to payment data, and shall obtain and maintain
in full force and effect all registrations required under Applicable Law for
the operation of the business in terms of the Applicable Agreement, and
it has full power and authority
to enter into the Applicable Agreement and to take any action and execute any
documents required by the terms hereof and this Applicable Agreement has been
duly authorized, duly and validly executed and delivered, and constitutes a
legal, valid, and binding obligation, enforceable in accordance with the terms
hereof; and the persons executing the Applicable Agreement on its behalf are
duly empowered and authorized to execute the Applicable Agreement and to
perform all its obligations in accordance with the terms herein
it shall not access (or attempt
to access) the website and the Products by any means other than through the
interface that is provided by QUICK RECHARGE PRO THE SERVICE PROVIDER. It shall
not use any deep-link, page scrape, robot, spider or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual process,
to access, acquire, copy or monitor any portion of the QUICK RECHARGE PRO THE
SERVICE PROVIDER Platform, or in any way reproduce or circumvent the
navigational structure or presentation of the platform, without QUICK RECHARGE
PRO THE SERVICE PROVIDER express prior written consent.
it shall not attempt to gain
unauthorized access to any portion or feature of the Platform, or any other
systems or networks connected to the Platform or to any server, computer,
network, or to any of the services offered on or through the Platform, by
hacking, password "mining" or any other illegitimate means.
INDEMNIFICATION.
(1) User agrees to indemnify,
save, and hold QUICK RECHARGE PRO THE SERVICE PROVIDER, its affiliates,
contractors, employees, officers, directors, agents and its third party
suppliers, licensors, and partners harmless from any and all claims, demands,
actions, suits which may be threatened or brought against QUICK RECHARGE PRO
THE SERVICE PROVIDER, and also against all losses, damages, liabilities, costs,
charges and expenses, including without limitation, legal fees and expenses
arising out of or related to:
Users’ use or misuse of QUICK
RECHARGE PRO THE SERVICE PROVIDER services or of the Site/application,
any violation by the User of this
Agreement or Applicable Agreement,
any breach of representations,
warranties and covenants made by the User in this Agreement, or Applicable
Agreement,
any claim or legal notice or
quasi-legal proceedings to which QUICK RECHARGE PRO THE SERVICE PROVIDER may be
required to become party or to which QUICK RECHARGE PRO THE SERVICE PROVIDER
may be subjected by any person including any governmental authority, by reason
of breach of any Applicable Law,
due to failure of a User to
obtain any required statutory or regulatory approval necessary for the
performance of its obligations in the Applicable Agreement with QUICK RECHARGE
PRO THE SERVICE PROVIDER,
all liability, claims, damages,
costs, expenses suffered or incurred by QUICK RECHARGE PRO THE SERVICE PROVIDER
as a result of any act or violation of the Business Partner under Section 269ST
of the Income Tax Act, 1961 while acting as collection agent of the Company
(2) QUICK RECHARGE PRO THE
SERVICE PROVIDER reserves the right, at User’s expense, to assume the exclusive
defense and control of any matter, including rights to settle, for which
concerned User is required to indemnify QUICK RECHARGE PRO THE SERVICE
PROVIDER. User agrees to cooperate with QUICK RECHARGE PRO THE SERVICE PROVIDER
defense and settlement of these claims. QUICK RECHARGE PRO THE SERVICE PROVIDER
will use reasonable efforts to notify concerned User of any claim, action, or
proceeding brought by a third party that is subject to the foregoing
indemnification upon becoming aware of it.
DISCLAIMER. To the fullest extent
permissible pursuant to Applicable Law, QUICK RECHARGE PRO THE SERVICE
PROVIDER and its officers, directors,
employees, and agents disclaim all warranties, express or implied, including,
but not limited to, implied warranties of merchantability, fitness for a
particular purpose, and non-infringement of proprietary rights. No advice or
information, whether oral or written, obtained by a User from QUICK RECHARGE
PRO THE SERVICE PROVIDER or through
QUICK RECHARGE PRO THE SERVICE PROVIDER
services or the Site will create any warranty not expressly stated
herein. QUICK RECHARGE PRO THE SERVICE PROVIDER
does not authorize anyone to make any warranty on its behalf and Users
should not rely on any such statement. Users acknowledge that QUICK RECHARGE
PRO THE SERVICE PROVIDER is a reseller
and is not liable for any third-party seller’s obligations. It is the User’s
responsibility to evaluate the accuracy, completeness and usefulness of all
opinions, advice, merchandise and other information provided through the Site
or on the Internet generally. QUICK RECHARGE PRO THE SERVICE PROVIDER does not warrant that its services will be
uninterrupted, or free of errors, viruses or other harmful components and that
any of the foregoing defects will be corrected. QUICK RECHARGE PRO THE SERVICE
PROVIDER services and the Site and any
data, information, third party software, Reference Sites, or software made
available in conjunction with or through its services and the Site are provided
on an “as is” and “as available”, “with all faults” basis and without
warranties or representations of any kind either express or implied. QUICK
RECHARGE PRO THE SERVICE PROVIDER and
its third party suppliers, licensors, and partners do not warrant or make any
representations regarding the use or the results of the use of QUICK RECHARGE
PRO THE SERVICE PROVIDER services, the
Site or any Reference Sites in terms of correctness, accuracy, reliability, or
otherwise.
INTELLECTUAL PROPERTY. QUICK
RECHARGE PRO THE SERVICE PROVIDER, services and the Site are owned and operated
by QUICK RECHARGE PRO THE SERVICE PROVIDER and/or third-party licensors. The
visual interfaces, graphics, design, compilation, information, computer code
(including source code and object code), products, software, services, and all
other elements of QUICK RECHARGE PRO THE SERVICE PROVIDER services and the Site provided by QUICK
RECHARGE PRO THE SERVICE PROVIDER (the
“Materials”) are protected by Applicable Law. As between User and QUICK
RECHARGE PRO THE SERVICE PROVIDER , all
Materials and QUICK RECHARGE PRO THE SERVICE PROVIDER Intellectual Property are the property of
QUICK RECHARGE PRO THE SERVICE PROVIDER
and/or third-party licensors or suppliers. User agrees not to remove,
obscure, or alter QUICK RECHARGE PRO THE SERVICE PROVIDER or any third party's copyright, patent,
trademark, or other proprietary rights notices affixed to or contained within
or accessed in conjunction with or through QUICK RECHARGE PRO THE SERVICE
PROVIDER services. Except as expressly
authorized by QUICK RECHARGE PRO THE SERVICE PROVIDER , the User agrees not to sell, license,
distribute, copy, modify, publicly perform or display, transmit, publish, edit,
adapt, create derivative works from, or otherwise make unauthorized use of the
Materials or QUICK RECHARGE PRO THE SERVICE PROVIDER Intellectual Property. Parties do not accrue
any rights or interest in the other Party’s Intellectual Property and use of
any Intellectual Property by either User or QUICK RECHARGE PRO THE SERVICE
PROVIDER shall be strictly in for the
fulfillment of and in compliance with the terms of the agreement between such
User and QUICK RECHARGE PRO THE SERVICE PROVIDER . Parties undertake that they shall not, nor
will they allow others to, reverse engineer or disassemble any parts of the
other’s Intellectual Property. If Users’ have comments regarding the QUICK
RECHARGE PRO THE SERVICE PROVIDER
services and the Site or ideas on how to improve it, please contact our
Helpdesk. Please note that by doing so, concerned Users hereby irrevocably
assign to QUICK RECHARGE PRO THE SERVICE PROVIDER , and shall assign to QUICK RECHARGE PRO THE
SERVICE PROVIDER , all right, title and
interest in and to all ideas and suggestions and any and all worldwide
intellectual property rights associated therewith. Concerned User agrees to
perform such acts and execute such documents as may be reasonably necessary to
perfect the foregoing rights.
INTELLECTUAL PROPERTY LICENSE BY
ALLIANCE PARTNER. Alliance Partner grants a non-exclusive license to QUICK
RECHARGE PRO THE SERVICE PROVIDER to use Alliance Partner’s name, trademark,
and logo in any marketing or promotional activities undertaken by QUICK
RECHARGE PRO THE SERVICE PROVIDER . Notwithstanding
anything contained herein, QUICK RECHARGE PRO THE SERVICE PROVIDER shall be under no obligation to advertise,
market, or promote Alliance Partner or Alliance Partner’s Intellectual
Property.
USE OF INTELLECTUAL PROPERTY. The
user undertakes that:
it shall use the Intellectual
Property solely for the discharge of its duties under the Applicable Agreement,
it shall use Intellectual
Property of QUICK RECHARGE PRO THE SERVICE PROVIDER only in the form and manner stipulated by
QUICK RECHARGE PRO THE SERVICE PROVIDER ,
it shall seek prior written
consent from QUICK RECHARGE PRO THE SERVICE PROVIDER for use of QUICK RECHARGE PRO THE SERVICE
PROVIDER Intellectual Property which is
not previously provided for by QUICK RECHARGE PRO THE SERVICE PROVIDER ,
it shall bring to QUICK RECHARGE
PRO THE SERVICE PROVIDER notice all
cases concerning QUICK RECHARGE PRO THE SERVICE PROVIDER Intellectual Property’s (a) infringement, (b)
passing off, (c) registration or (d) attempted registration,
it shall render to QUICK RECHARGE
PRO THE SERVICE PROVIDER all assistance
in connection with any matter pertaining to the protection of QUICK RECHARGE
PRO THE SERVICE PROVIDER Intellectual
Property whether in courts, before administrative agencies, or otherwise,
it shall not take any action
which shall or may impair QUICK RECHARGE PRO THE SERVICE PROVIDER right, title or interest in the Intellectual
Property, or create any right, title or interest therein or thereto, adverse to
that of QUICK RECHARGE PRO THE SERVICE PROVIDER
,
it shall not use or permit to be
used the Intellectual Property by any unauthorized person, and
it shall not misuse the
Intellectual Property or use it together with any other mark or marks.
MODIFICATION. QUICK RECHARGE PRO
THE SERVICE PROVIDER reserves the right
to change, modify, add, or remove the terms of this Agreement, either in its
entirety or a part thereof (each, a “change”) at any time by posting a
notification to the Site or otherwise communicating the notification to Users.
The changes will become effective, and shall be deemed accepted by Users, 24
hours after the initial posting and shall apply immediately on a going-forward
basis with respect to payment transactions initiated after the posting date. If
Users do not agree with any such modification, Users sole and exclusive remedy
is to terminate their use of the Services.
CONFIDENTIALITY. Parties shall
keep Confidential Information as confidential. Each Party confirms that it
shall protect Confidential Information with such security, confidentiality, and
degree of utmost care as it would prudently apply to its own confidential
information and use it solely in connection with the transaction to which the
Confidential Information relates. Both Parties acknowledge and agree that they
are aware of the sensitivity & secrecy involved in keeping the customer
data/information and transaction records and shall ensure that neither any of
the parties nor their employees, directors, etc will do any act to violate the
same. Notwithstanding anything contained in this Clause 3.16, Confidential
Information shall exclude any information:
which is already in the
possession of the receiving Party and not subject to any other duty of
confidentiality,
that is at the date hereof, or
subsequently becomes, public otherwise than by reason of a breach by the
receiving party of the terms of this Agreement,
Information that becomes legally
available to the receiving Party and/or its affiliates or professional advisors
on a non-confidential basis from any third party, the disclosure of which does
not, to the knowledge of that Party, violate any contractual or legal
obligation which such third party has to the other Party with respect to such
information, and
Information that is independently
acquired or developed by the receiving Party and/or its affiliates or
professional advisors.
DISCLOSURE OF CONFIDENTIAL
INFORMATION. Each Party hereby agrees that it shall not disclose any
Confidential Information received by it without the prior written consent of
the other Party to any third party at any time. Provided, however, that either
Party may make the following disclosures for which no consent shall be required
from the other Party:
Disclosures to its directors,
officers, employees, affiliates/subsidiaries/group/holding companies,
third-party service providers and any employees thereof that it reasonably
determines need to receive the Confidential Information;
Disclosures to its legal and
other professional advisers, instructed by it that it reasonably determines to
need to receive the Confidential Information; or
Disclosures to any person to whom
it is required by law or any applicable regulatory, supervisory, judicial or
governmental order, to disclose such information, or at the request of any
regulatory or supervisory or judicial or government authority.
NON SOLICITATION OF EMPLOYEES.
The Parties agree not to solicit or employ staff from each other’s
organizations during the term of this Agreement and for 12 months immediately
following the termination of the Agreement.
NON SOLICITATION OF CLIENTS.
During the term of this Agreement, the User shall not, either directly or
indirectly, solicit, cause in any part of knowingly encourage any existing or
potential clients or customers of QUICK RECHARGE PRO THE SERVICE PROVIDER to cease doing business or not to do
business, in whole or in part with QUICK RECHARGE PRO THE SERVICE PROVIDER , or solicit, cause in any part or knowingly
encourage an existing or potential clients or customers of QUICK RECHARGE PRO
THE SERVICE PROVIDER to do business with
any person other than QUICK RECHARGE PRO THE SERVICE PROVIDER , or associate with any prospective clients
or customers while they continue to be clients or customers of QUICK RECHARGE
PRO THE SERVICE PROVIDER .
NON-COMPETE ON BUSINESS PARTNER.
Business Partner agrees that during the Term and for a period of one (1) year
thereafter, it shall not, directly or indirectly, through its employees,
affiliates or relatives or in a firm where the Business Partner or any relative
or nominee of the Business Partner is a partner, or in any company where the
Business Partner or any relative or nominee of the Business Partner is a
director or shareholder, without the prior written consent of QUICK RECHARGE
PRO THE SERVICE PROVIDER : (i) be
appointed as a Business Partner for any other person or legal entity which is
carrying on a business similar to or in competition with any business carried
by QUICK RECHARGE PRO THE SERVICE PROVIDER
at the relevant time, whether in India or abroad, or (ii) engage in any
business that is similar to or in competition with any business carried on by
QUICK RECHARGE PRO THE SERVICE PROVIDER
at the relevant time.
COUNTERPARTS. The Applicable
Agreement may be signed in two (2) or more counterparts and each executed
version or an electronic copy thereof shall be deemed an original and which
shall, singly or together, constitute one agreement.
TERM. This Agreement and
Applicable Agreement shall come into force from the Effective Date and remain
valid in perpetuity, unless terminated by QUICK RECHARGE PRO THE SERVICE
PROVIDER by giving to the User, a prior
written notice of at least 90 days (“Term”).
TERMINATION. This Agreement and
Applicable Agreement may be terminated in accordance with the clauses below:
QUICK RECHARGE PRO THE SERVICE
PROVIDER shall be entitled to terminate
this Agreement and Applicable Agreement by serving a written notice of thirty
(30) days to the User in the following circumstances: (a) the User commits any
breach of any of the provisions of this Agreement or Applicable Agreement and,
in the case of a breach capable of remedy, fails to remedy the same within
thirty (30) days after receipt of a written notice giving full particulars of
the breach and requiring it to be remedied; (b) if, in QUICK RECHARGE PRO THE
SERVICE PROVIDER opinion, the User is
not a fit person/entity to carry out the obligations imposed on the User under
the Applicable Agreement; (c) if the User fails to achieve the targets as may
be communicated by QUICK RECHARGE PRO THE SERVICE PROVIDER from time to time.
On the occurrence of the User
becoming subject of a voluntary petition in bankruptcy or any voluntary
proceeding relating to insolvency, receivership, liquidation, or composition
for the benefit of creditors.
QUICK RECHARGE PRO THE SERVICE
PROVIDER may terminate the Agreement and
Applicable Agreement without notice provided: (a) if, by the acts or default of
the User, QUICK RECHARGE PRO THE SERVICE PROVIDER suffers damage to its name and reputation; or
(b) the Business Partner commits any breach of Confidentiality; or (c) upon the
occurrence of force majeure under Clause 3.28 of this Agreement; or (d) there
is a change in shareholding/control or management of the User; or (e) any event
that would affect the ability of the User to perform its obligations under the
Applicable Agreement occurs; or (f) any of the directors/partners/proprietors
of the Business Partner are convicted of any criminal charge.
in the event that QUICK RECHARGE
PRO THE SERVICE PROVIDER gives notice
that the Alliance Partner’s software or hardware is technically inadequate to
support the Connectivity at any stage of development, and the Alliance Partner
fails to cure such deficiency within 90 days after receiving notice to such
effect, then QUICK RECHARGE PRO THE SERVICE PROVIDER shall be entitled to give notice of
termination as provided,
in the event QUICK RECHARGE PRO
THE SERVICE PROVIDER is unable to get
necessary permission / license from any Service Provider and any statutory
authority and/or any of the Service Provider rescinds its contract with QUICK
RECHARGE PRO THE SERVICE PROVIDER and/or
the sale of Products slips down due to any defective service, negligence or
omission on part of the User, QUICK RECHARGE PRO THE SERVICE PROVIDER shall have the right to rescind the Agreement
by giving 15 days’ notice to the User and the rescission shall take effect
after expiry of the stipulated period of 15 days. Provided that unless otherwise
specified by QUICK RECHARGE PRO THE SERVICE PROVIDER in its notice, any termination of this
Agreement, on account of rescission of an existing contract with any Service
Provider, shall be effective only in relation to Transactions pertaining to
such Service Provider and the Agreement shall continue to remain in force
between the Parties in respect of other Service Providers.
CONSEQUENCES OF TERMINATION. The
Parties shall adhere to the following clauses immediately upon termination of
this Agreement:
Upon termination of the Agreement
for any reason, QUICK RECHARGE PRO THE SERVICE PROVIDER may immediately disconnect the availability
of Products from the QUICK RECHARGE PRO THE SERVICE PROVIDER Platform, including related services provided
by the platform, and no further Transactions may be effected through the QUICK
RECHARGE PRO THE SERVICE PROVIDER .
Except as otherwise agreed upon
between the Parties, any license to use Intellectual Property Products, of
either Party which has been granted by such Party to the other, pursuant to
this Agreement, shall stand automatically revoked with the termination of this
Agreement by any Party.
User shall immediately
discontinue and cease to use the trademark, logo and other Intellectual
Property provided by the Company and shall immediately hand over any and all
copies of documentation of such Intellectual Property.
Upon the termination of this
Agreement, the concerned User shall return and surrender to QUICK RECHARGE PRO
THE SERVICE PROVIDER any Confidential Information
that comes into its possession during the course of its engagement by QUICK
RECHARGE PRO THE SERVICE PROVIDER and
shall not retain a copy thereof in any form whatsoever. User shall, with QUICK
RECHARGE PRO THE SERVICE PROVIDER prior
written consent, promptly destroy the Confidential Information in its
possession (and any copies, extracts, and summaries thereof) and will provide
QUICK RECHARGE PRO THE SERVICE PROVIDER
with written certification of destruction.
immediately return to QUICK RECHARGE
PRO THE SERVICE PROVIDER originals and copies of any and all materials provided
to the User pursuant to the Applicable Agreement, including publicity and
marketing materials in its possession.
provide remote access to QUICK
RECHARGE PRO THE SERVICE PROVIDER to disable any software that QUICK RECHARGE
PRO THE SERVICE PROVIDER had installed.
remove all signboards, banners,
glow sign boards of QUICK RECHARGE PRO THE SERVICE PROVIDER from its office and also all such material,
which will indicate any association with QUICK RECHARGE PRO THE SERVICE
PROVIDER
cease to promote, market or
advertise QUICK RECHARGE PRO THE SERVICE PROVIDER or its products/services.
the User shall grant QUICK
RECHARGE PRO THE SERVICE PROVIDER , its employees or agents, access to its
information technology systems for a period of thirty (30) days after
termination.
Notwithstanding the above, the
User shall not, if so directed by QUICK RECHARGE PRO THE SERVICE PROVIDER
discontinue discharging its duties under the Applicable Agreement during the
notice period and shall continue discharging its duties as per the Applicable
Agreement until indicated otherwise by QUICK RECHARGE PRO THE SERVICE PROVIDER,
QUICK RECHARGE PRO THE SERVICE
PROVIDER shall have the right, exercisable at its sole discretion, to appoint
another User in its place. The User shall fully cooperate with such newly
appointed User.
Upon notice of termination from
either party, the User shall ensure that during the notice period leading to
the termination, all systems and procedures will be strictly adhered to and all
customers handled properly. All inquiries from customers will be diverted to
QUICK RECHARGE PRO THE SERVICE PROVIDER
by the User.
Subject as otherwise provided in
this Agreement and to any rights or obligations that have accrued before
termination, neither Party shall have any further obligation to the other under
this Agreement.
Any termination of this Agreement
or Applicable Agreement shall be without prejudice to QUICK RECHARGE PRO THE
SERVICE PROVIDER rights under law and
equity
PROMOTION. The user shall promote
the sale of QUICK RECHARGE PRO THE SERVICE PROVIDER products/services in
accordance with the publicity and marketing guidelines issued by the QUICK
RECHARGE PRO THE SERVICE PROVIDER from
time to time. User shall only market/promote QUICK RECHARGE PRO THE SERVICE
PROVIDER services as authorized by QUICK
RECHARGE PRO THE SERVICE PROVIDER in
writing in this behalf and shall not market/promote any other services that may
potentially be provided by QUICK RECHARGE PRO THE SERVICE PROVIDER in the future unless otherwise authorized in
writing. The user shall maintain stock and prepare MIS of the promotional
material dispatched from QUICK RECHARGE PRO THE SERVICE PROVIDER and ensure
that such material will be displayed in the Merchant outlets at prominent
eye-level locations to promote the business at that outlet.
ARBITRATION. QUICK RECHARGE PRO
THE SERVICE PROVIDER may elect to resolve any dispute, controversy or claim
arising out of or relating to the Agreement or QUICK RECHARGE PRO THE SERVICE
PROVIDER services by binding
arbitration in accordance with the provisions of the Indian Arbitration &
Conciliation Act, 1996. Any such dispute, controversy or claim shall be
arbitrated on an individual basis and shall not be consolidated in any
arbitration with any claim or controversy of any other party. QUICK RECHARGE
PRO THE SERVICE PROVIDER shall nominate
a sole arbitrator who shall preside over the arbitration proceedings between
QUICK RECHARGE PRO THE SERVICE PROVIDER
and concerned User. The arbitration shall be conducted in New Delhi,
India and judgment on the arbitration award may be entered in any court having
jurisdiction thereof. Either QUICK RECHARGE PRO THE SERVICE PROVIDER or concerned User may seek any interim or
preliminary relief from a court of competent jurisdiction in New Delhi, India,
necessary to protect the rights or the property of concerned User or QUICK
RECHARGE PRO THE SERVICE PROVIDER (or
its agents, suppliers, and subcontractors), pending the completion of
arbitration. Any arbitration shall be confidential, and concerned User, nor
shall QUICK RECHARGE PRO THE SERVICE PROVIDER
disclose the existence, content or results of any arbitration, except as
may be required by law or for purposes of the arbitration award. All
administrative fees and expenses of an arbitration will be divided equally
between QUICK RECHARGE PRO THE SERVICE PROVIDER and concerned User. In all arbitrations,
each party will bear the expense of its own lawyers and preparation. The
language of the arbitration shall be English.
GOVERNING LAW. This Agreement
shall be governed by and construed in accordance with the laws of India,
without regard to its conflict of law provisions and, subject to the
arbitration provision in section 3.19, the exclusive jurisdiction of competent
courts in New Delhi, India.
FORCE MAJEURE. Neither Party
shall be liable for failure to perform its obligations under this Agreement to
the extent such failure is due to causes beyond its reasonable control. In the
event of a force majeure, the Party unable to perform shall notify the other
Party in writing of the events creating the force majeure and the performance
obligations of the Parties will be extended by a period of time equal to the
length of the delay caused by force majeure; provided that if any such delay
exceeds ninety days, then following such ninety-day period, either party hereto
may terminate the unperformed portions of this Agreement on ten days prior
written notice to the other Party. For the purposes of this Agreement, force
majeure events shall include, but not be limited to, acts of God, failures or
disruptions, orders or restrictions, war or warlike conditions, hostilities,
sanctions, mobilizations, blockades, embargoes, detentions, revolutions, riots,
looting, strikes, stoppages of labor, lockouts or other labor troubles,
earthquakes, fires or accidents.
RECORDS AND AUDIT. The Users
shall maintain all statutory records as may be required from time to time to be
maintained under the Applicable Law. Further, the Users shall maintain accurate
books of accounts in relation to their engagement with QUICK RECHARGE PRO THE SERVICE
PROVIDER, pursuant to service rendered by User pursuant to the Applicable
Agreement, in accordance with standard accounting practices and shall have the
same audited annually by an auditor of good standing and repute and shall
forward copies of the audited accounts to QUICK RECHARGE PRO THE SERVICE
PROVIDER annually or as and when required by QUICK RECHARGE PRO THE SERVICE
PROVIDER. The user hereby permits the authorized personnel of the QUICK
RECHARGE PRO THE SERVICE PROVIDER to enter and inspect all books, accounts,
records, and materials in relation to the business operations related to the
Applicable Agreement during normal business hours. During the term of
Applicable Agreement and at any time within sixty (60) days after the
termination of the Applicable Agreement, QUICK RECHARGE PRO THE SERVICE
PROVIDER or its employee/representative/agent may, at its expense, carry out an
audit to determine whether the User has properly complied with its obligations
under the Applicable Agreement. In the event the results of such audit
determine that the User has not complied with its obligations under the
Applicable Agreement, QUICK RECHARGE PRO THE SERVICE PROVIDER shall intimate
the User of such nonperformance or the non-observance and the Business Partner shall
immediately comply with its obligations, or within such other period as may be
specified by Company.
PUBLIC RELATIONS. Upon execution
of the Applicable Agreement, Parties shall have the right to announce the
cooperative arrangement as described in the Agreement, provided that all
announcements must be approved in writing by both Parties and such approval
shall not be unreasonably withheld.
SEVERABILITY. If any provision of
this Agreement is held to be unlawful, void, invalid or otherwise unenforceable,
then that provision will be limited or eliminated from this Agreement to the
minimum extent required, and the remaining provisions will remain valid and
enforceable.
ASSIGNMENT. This Agreement and
any rights granted hereunder may not be transferred or assigned by User without
CHANDRA SADHU PARA,CHAMPAK NAGAR, WEST TRIPURA, TRIPURA, 799045prior written
consent but may be assigned by CHANDRA SADHU PARA,CHAMPAK NAGAR, WEST TRIPURA,
TRIPURA, 799045without restriction. Any assignment attempted to be made in violation
of this provision shall be void and of no effect.
SURVIVAL. Clause 1.4, 2.1, 3.3,
3.8, 3.9, 3.10, 3.11, 3.12, 3.13, 3.16, 3.17, 3.18, 3.19, 3.20, 3.26, 3.27,
3.33 of this Agreement shall survive the termination or expiration as applied
to transfers and relationship prior to such termination or expiration.
HEADINGS. The heading references
herein are for convenience purposes only, do not constitute a part of this
Agreement, and will not be deemed to limit or affect any of the provisions
hereof.
ENTIRE AGREEMENT. This is the
entire agreement between Users and QUICK RECHARGE PRO THE SERVICE PROVIDER relating to the subject matter hereof and
will not be modified except in writing, signed by both parties, or by a Change
to this Agreement made by QUICK RECHARGE PRO THE SERVICE PROVIDER in accordance
with the terms of this Agreement.
NOTICE. QUICK RECHARGE PRO THE
SERVICE PROVIDER may provide Users with notices and communications by email,
regular mail, or posts on the QUICK RECHARGE PRO THE SERVICE PROVIDER website,
www.Sahaallrecharge.IN or by any other reasonable means. Except as otherwise
set forth herein, notice to QUICK RECHARGE PRO THE SERVICE PROVIDER must be sent by courier or registered post
to Legal Department, QUICK RECHARGE PRO THE SERVICE PROVIDER CHANDRA SADHU PARA,CHAMPAK NAGAR, WEST
TRIPURA, TRIPURA, 799045, APPAN PALLY , CHANDRA SADHU PARA,CHAMPAK NAGAR, WEST
TRIPURA, TRIPURA, 799045
WAIVER. The failure of QUICK
RECHARGE PRO THE SERVICE PROVIDER to
exercise or enforce any right or provision of this Agreement will not
constitute a waiver of such right or provision. Any waiver of any provision of
this Agreement will be effective only if in writing and signed by QUICK
RECHARGE PRO THE SERVICE PROVIDER .
RELATIONSHIP BETWEEN THE PARTIES.
This Agreement is not intended by the Parties to constitute or create a joint
venture, pooling arrangement, partnership, agency or formal business
organization of any kind. QUICK RECHARGE PRO THE SERVICE PROVIDER and the Alliance Partner/Business Partner
shall be independent contractors with each other for all purposes at all times
and neither Party shall act as or hold itself out as an agent or representative
of the other Party nor shall create or attempt to create liabilities for the
other Party by acting or holding itself out as such